Prasanta Kumar Saikia, J.

1. This proceeding under Article 226 of the Constitution of India, has been initiated seeking quashment of the FIR dated 04.09.2014 filed with the Officer-in-charge, Sub-Urban Police Station, Dimapur which gave rise to Dimapur Sub-Urban Police Station P.S. Case No. 35/2014 U/s. 498A/354/307/500/506/34 IPC. I have heard Ms. Z. Zhimomi, learned counsel for the petitioner and Mr. Taka Masa, learned Senior Counsel appearing for the respondents.

2. The petitioner has come up with the present proceeding seeking quashment of the FIR dated 04.09.2014 filed with the Officer-in-charge, Sub-Urban Police Station, Dimapur which gave rise to Dimapur Sub-Urban Police Station P.S. Case No. 35/2014 U/s.498A/354/307/500/506/34 IPC and such quashment was sought on the ground that the FIR in Dimapur Sub-Urban Police Station P.S. Case No. 35/2014 is the second FIR in respect of an incident which gave rise to Tirharpur P.S. Case No. 457/2014 U/s.406/498A/34 IPC.

3. Before going further, let me have a look at the FIR which was lodged before the O/C, Timapur Police Station and which is alleged to be the 1ST FIR. The relevant part is reproduced below--

"Sir, I, It is submitted that I got married to Major Anant Fogat on 14th Jan 2008 as per Hindu rites in Delhi/NCR. That out of the legal wed lock we were blessed with a daughter by the name Aanya on 10th Nov. 2011.

2.1 was posted in CFL Unit located in Timarpur, North Delhi from May 2009 to May 2012 & during this period Anant Fogat was posted in COD, Delhi Cantt. It is during this period when Anant Fogat & his relatives tortured me the maximum. He used to often turn up at my duty station (Timarpur) While I was moving from my unit location and to my designated place of temporary duty where I had to go in performance of my official duty and resorted to use of criminal force besides raising unending dowry demands. Few of my staff people are witness to his misdeeds. Some of the time he was accompanied by his mother/sister/brother in law who actively supported him in performing these uncivilised acts. Though during this period I was allotted married accommodation in Delhi Cantt but I hardly stayed there and used to stay either in my lady officers married officer's accommodation at Timarpur or at my relative's residences at Model Town/Janakpuri/Gurgaon/Dwarka/Rohini. Since whenever I came down to my residence at Delhi Cantt. I was beaten up mercilessly under influence of liquor by Anant Fogat and actively assisted by his mother, his sister, his brother in law & his uncle. Due to this kind of worst domestic violence & dowry harassment which was perpetuated on me that often I had to leave my residence, sometimes at dead of night to take shelter either in my relative residences or in my officers mess at Timarpur (My place of duty). I kept tolerating all this worst kind of torture under the fear of threat to my life, life of my one year old daughter & life of my parents and also with a ray of hope that Anant Fogat and his relatives may mend their ways one day but this was not to happen, rather their atrocities on me increased day by day.

3. Since the very first month of my marriage, my husband, his mother, his sister, his brother in law and his uncle as named above are subjecting me to Dowry harassment, intense cruelty, terrible domestic violence, manhandling & using criminal force without provocation against me & my two year old daughter besides attempting to kill me by throttling and making frequent threat of dire consequences in case I report the matter to my parents/senior officers. Further, he gets over drunk every day and resorts to violent action besides damaging the house property owned by me.

4. The above mentioned incident occurred frequently at Udhampur (J&K), Bangalore (Karnataka), Timarpur (North Delhi), Delhi Cantt. Rohtak & Gurgaon (Haryana) & Dimapur (Nagaland). The most serious incidents occurred at Timarpur (North Delhi) where I was posted from May 2009 to May 2012 & i